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AdviceSeeker45

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About AdviceSeeker45

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  1. *Bump* Any thoughts on this scenario based on anyone's experience? Thanks
  2. Hi, I have few questions regarding the Automatic Visa Revalidation(AVR) in the case of having an I-797B(given for consular processing, etc) instead of I-797A, with an expired visa stamp. For the sake of clarity, since the H-1B transfer petition was filed on time before visa stamp and I-94 expired, there is no unlawful presence in this case as per USCIS website information. Now, has anyone successfully re-entered US in the above scenario getting a new I-94, since I-797B does not come with I-94? If yes, was it by road(walking across the border/bridge and re-enter US) from Canada or Mexico(like San Dieogo, San Ysidro US-Mexico bridge)? Thanks
  3. I understand that one can't re-enter US with expired H-1B visa stamp. However, I am specifically looking for the case where H-1B visa stamp on passport was "valid" and "unexpired" when H-1B transfer petition was "timely" filed with USCIS "before" visa stamp and I-94 expired. In such case, as per USCIS website, there is "no" accrued "unlawful presence" even though I-94 has expired since the petition was "timely" filed and is "pending" with USCIS. But, I did not find any information about what happens to "visa stamp" validity, can I re-enter US with that "visa stamp" since it expired "only" while the petition was "pending" with USCIS? All of the above is for re-entering with I-797B due to the consular processing option selected, just thought of clarifying that here. If anyone of you have been in such a situation, can you share your thoughts on the above scenario? Is there no leeway at all even in this COVID impacted scenario for re-entering within just few days after visa expiry given that transfer was timely filed as stated above? Thanks
  4. I understand that one can't re-enter US with expired H-1B visa stamp. However, I am specifically looking for the case where H-1B visa stamp on passport was "valid" and "unexpired" when H-1B transfer petition was "timely" filed with USCIS "before" visa stamp and I-94 expired. In such case, as per USCIS website, there is "no" accrued "unlawful presence" even though I-94 has expired since the petition was "timely" filed and is "pending" with USCIS. But, I did not find any information about what happens to "visa stamp" validity, can I re-enter US with that "visa stamp" since it expired "only" while the petition was "pending" with USCIS? All of the above is for re-entering with I-797B due to the consular processing option selected, just thought of clarifying that here. Any thoughts on the above? Thanks
  5. Hi, I have few questions regarding H-1B transfer via Consular processing filed *timely* *before* visa stamp and I-94 expire. Also there are some follow up questions regarding re-entering US with the same visa stamp which was *valid* when the H-1B transfer petition was *pending*(hence no unlawful presence) with USCIS but expired by the time I-797B is received. Can anyone of you answer if you have some insights into these? 1) With the person(beneficiary) in US, H-1B transfer is filed *timely* via consular processing "*before* visa stamp and I-94 expire". 2) Visa stamp and I-94 expire when H-1B transfer petition is still *pending* with USCIS. 3) USCIS issues I-797B 4) Now, as per USCIS rules and regulations, since H-1B transfer petition was filed *before* visa stamp and I-94 expiry, the person *never* overstayed as one does not accrue unlawful presence when the H-1B transfer petition is filed *timely* *before* visa stamp and I-94 expire. 5) Given the above (4), can the person re-enter US from Canada or Mexico border with the same above visa stamp though it has expired, since the H-1B transfer petition was filed *before* visa stamp and I-94 expired and hence there has been no unlawful presence whatsoever? 6) If the answer to above (5) is "yes", within how many days the person should re-enter - within 10 days, 15 days, etc of getting I-797B? 7) If the answer to above (5) is "no", is it fine to go to Canada or Mexico(not being a citizen of Canada or Mexico) for H-1B visa stamping in this case(since there is no unlawful presence at all because of *timely* filed H-1B transfer), even if person has some out-of-status period(which is *different* from overstay/unlawful presence)? 8) Is there any leeway due to COVID on I-94 and visa stamp expiry - like is it fine to re-enter US from Canada or Mexico if only few days(say 1 - 10 days) have passed after visa stamp and I-94 expiry? Thanks
  6. @gopalakrishnach : "can I just re-enter US from Mexico or Canada to get my I-94 renewed? ---- as per EO until end of this year no new H1B stamping and even if you get stamping you cannot enter." - as I have clarified above, I already have a valid H-1B visa stamp from my previous employer and also my I-94 is valid, so I don't need to get a new visa stamp but just need renew I-94 in the above case, so any rules that have been passed for new visa stamping(like until Dec 2020 no new visa stamping, etc) are not applicable to me as I see. So, I wanted to check upon others who would have had the same end-to-end scenario in the recent past by sharing case here above and wanted to see from which US-border they re-entered from, etc.
  7. Hi, I have got some questions regarding the I-797B and I-94 renewal at US/Mexico or US/Canada border. If anyone can answer these, that will be very helpful. If my H-1B transfer is approved with I797-B(instead of I797-A) for being out of status on H-1B(either because the H-1B petition was filed for consular processing or USCIS itself decided that I797A can't be given due to out of status) and if I have a valid H-1B visa stamp(annotated as M - for multiple entries) from my previous employer, have valid I-94, have valid passport for several years from now, can I just re-enter US from Mexico or Canada to get my I-94 renewed? In the above case, will USCIS still insist in their decision for the H-1B transfer, to get a new H-1B visa stamp and if so, why? I need to know "why?", because, H-1B visa stamp is not tied with any specific employer and hence with annotation M(for multiple entries), I researched across several sources and got to know that I can use my existing valid H-1B visa stamp to re-enter US from Mexico or Canada as above to renew my I-94 as per the end date on I797-B. So, have any of you recently(in and around Corona days of 2020 or may be in 2019/2018) gone through such a process as above and have successfully re-entered US with "I797-B for new employer + valid visa stamp for previous employer + out of status for sometime + valid I-94 + valid passport for way more than 6 months" without "going for new H-1B visa stamp anywhere(home country/Mexico/Canada, etc)"? If yes for the above, I have few more questions as under. 1) Can you tell me what are the recommended US-borders at which I can re-enter after travelling to them by flight? 2) Is travelling by flight to San Deigo/San Ysidro/Tijuana/Mexico border a good place to get the above I-94 renewal? If yes, after arriving at San Diego airport(one nearest to San Ysidro), can you tell me the suggested route to the CBP/border office where I-94 renewal is done? 3) Or will just visiting the CBP office any international airport(San Francisco, San Jose, or any other international airports across US) be enough to get my I-94 renewed? 4) If I decide to travel over flight to Canada and re-enter US the very same day within few hours(say 2-3 hours or even less) of landing in Canada never leaving the Canada airport, do I still need to apply for a Canadian visa before this flight? Thanks
  8. Any thoughts here to share?
  9. Given that the current H-1B premium processing suspension is going to last some more months,is it wise to switch companies based on H-1B receipt? How risky is it? How many people havehad success? This whole transfer stuff is too complicated - why not make transfer simple as it’s atransfer of already approved one? If there's no enough man power to handle these transfers, it'sin best interest of USCIS to remove this overly intricate and time-consuming visa transfer process.As if fresh F-1/H-1B/Green card/etc is not enough complicated, these suspensions on premium processinghas become a nuisance to the U.S whole employment system. It's high time USCIS improves theseprocesses to make it smooth and quick.Cheers.
  10. Hi, While I was on OPT F1, I got my H1B approved on May 1st, 2014. I left the company which filed my H1B, before Oct 1st, 2014, the effective date. Now, I am unsure of my visa status as I am not sure whether that H1B has been revoked or not and also when was it revoked if at all it was. As per the instructions mentioned at http://www.uscis.gov...gap-regulations, it all depends on whether the company withdrew H1B before the effective date or not. Can anyone help me in figuring out my visa status? Is there any way to know one's H1B to be valid or not, or one's OPT F1 to be valid or not? By the way, my OPT F1 is mentioned to end on Feb 2015. Thanks.
  11. Hi, While I was on OPT F1, I got my H1B approved on May 1st, 2014. I left the company which filed my H1B, before Oct 1st, 2014, the effective date. Now, I am unsure of my visa status as I am not sure whether that H1B has been revoked or not and also when was it revoked if at all it was. As per the instructions mentioned at http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations, it all depends on whether the company withdrew H1B before the effective date or not. Can anyone help me in figuring out my visa status? Is there any way to know one's H1B to be valid or not, or one's OPT F1 to be valid or not? By the way, my OPT F1 is mentioned to end on Feb 2015. Thanks.
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